Office for Environmental Protection

Baroness Jones of Moulsecoomb Excerpts

Monday 20th January 2020 Lords Chamber

[Lord Gardiner of Kimble]

My Lords, I must say that the OEP is predicated on the responsibility of public authorities. Clearly, if, for instance, a water company or a private individual contravened a law, it would be for one of those public bodies to take action, be it the Environment Agency or whatever. The key point about this legislation is that it concerns the oversight of the Environment Agency or government or a local authority. There are already mechanisms in law where someone transgressing environmental law can be taken to task; this is about enshrining that local authorities can also be.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, it is good if the OEP is independent—that is a crucial factor—but what about it having teeth? Will it have real strength when it decides against a public body?

[Lord Gardiner of Kimble]

The intention of the enforcement options is clear: to get the transgression rectified. The OEP will have the ability to issue an information notice; if that is not resolved, it can issue a decision notice. If failure is still unresolved, the OEP may seek a legal challenge through an environmental review in the Upper Tribunal. There are all sorts of mechanisms by which the OEP’s intention and remit is to rectify whatever is contrary to environmental law.